State v. McKenzie

This case is on remand from the Supreme Court to consider defendant’s claim that ORS 162.135(4) is unconstitutionally vague. State v. McKenzie, 307 Or 554, 771 P2d 264 (1989). The pertinent facts are in the Supreme Court’s opinion and in our previous opinion, 92 Or App 647, 759 P2d 1123 (1988).

1,2. The dispositive issue is whether the phrase “unlawful departure” in ORS 162.135(4) is unconstitutionally vague. “[A] criminal statute must be sufficiently explicit to inform those who are subject to it of what conduct on their part will render them liable to its penalties.” State v. Graves, 299 Or…